Appellants-Appellants Albert Pleus, Pamela Pleus, James Growney, and Priscilla Growney (collectively, Appellants) are residents of Makiki Heights. They along with a significant number of other Makiki Heights residents opposed the granting of an application by one of their neighbors for a conditional use permit (CUP) to operate a group living facility. The proposed group living facility was described as an adult residential care home for more affluent seniors who are at least sixty years old....  

In this post-conviction proceeding, Defendant Appellant Zachary Kanakanui (Kanakanui) appeals from the "Order Denying Defendants Motion to Reconsider Sentence" (Order), which was filed on February 26, 2007, in the Circuit Court of the Third Circuit (circuit court).1 We vacate the Order and Kanakanui!s extended term sentences, and we remand the case for resentencing... I... In 1997, Kanakanui was found guilty after a jury trial of first degree burglary and second degree theft. Prior to...  

Appellant-Taxpayer CompUSA Stores L.P. (CompUSA) appeals from the December 22, 2008 Judgment (Judgment) entered by the Hawai'i Tax Appeal Court (Tax Appeal Court)1 against CompUSA and in favor of Appellee/Appellee State of Hawai'i, Department of Taxation (State).2... This tax appeal involves the State's imposition of the use tax, pursuant to Hawaii Revised Statutes (HRS) § 238-2, on tangible personal property shippped from the mainland by CompUSA to its Hawai'i retail stores (the Audited...  

This is a tax appeal case in which the taxpayers are in the charter boat fishing business, challenge the assessment of Hawai'i General Excise Tax (GET) on their businesses on the ground that a federal statute limiting nonfederal taxes upon vessels operating in U.S. navigable waters, 3 3 United States Code (U.S.C.) §. 5(b) (2006), preempts the application of the Hawai'i GET statute, Hawaii Revised Statutes (HRS) § 237-13 (6) (A) (2001 & Supp. 2008), to their charter fishing revenue....  

Petitioner-Appellant Wayne Mori Crowell (Crowell) appeals from the "Findings of Fact, Conclusions of Law, and Order Denying Petition for Post-Conviction Relief Without a Hearing" (Order Denying Petition), which was filed on January 27, 2009, in the Circuit Court of the First Circuit (circuit court).1 We affirm... I... In Crowell's underlying criminal case, Crowell was charged by indictment in 1982 with three counts of first degree robbery (Counts I, III, and IV) and one count of second...  

Petitioner-Appellant Anthony Felix Torres (Torres) appeals from the "Findings of Fact, Conclusions of Law, and Order Denying Hearing on and Dismissing Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner from Custody, Filed December 27, 2007" (Order Dismissing Petition), which was filed on February 13, 2009, in the Circuit Court of the Third Circuit (circuit court)1 We affirm... I... In Torres's underlying criminal case, a jury found Torres guilty of the included...  

Upon review of (1) Defendant-Appellant Bradley S. M. Pai's (Appellant Pai) May 6, 2010 (a) motion to dismiss this appeal and (b) motion to refund the filing fee that Appellant Pai paid for this appeal, and (2) the record, it appears Hawaii Revised Statutes (HRS) § 641-11 (Supp. 2009) does not authorize us to assume appellate jurisdiction over Appellant Pai's appeal from the Honorable Elizabeth A. Strance's February 8, 2010 "Order Regarding Defendant's Motion to Dismiss Amended...  

Upon review of (1) Plaintiffs/Counterclaim-Defendants/Appellees Brian L. Sakamaki (Appellee Sakamaki) and Donna J. Walden's (Appellee Walden) March 23, 2010 motion to dismiss this appeal for lack of appellate jurisdiction and motion for an award of attorney's fees and costs pursuant to Rule 38 of the Hawai`i Rules of Appellate Procedure (HRAP), (2) Defendants/Counterclaim-Plaintiffs/Appellants GLACS, LLC (Appellant GLACS), and Kokua Home Care, LLC's (Appellant Kokua Home Care), March 31, 2010...  

Defendant-Counterclaimant-Appellant Suzanne Bonds (Bonds) appeals from the March 23, 2007 amended final judgment of the Circuit Court of the First Circuit (circuit court).1... After a careful review of the issues raised, arguments advanced, applicable law, and the record in the instant case, we resolve Bonds's appeal as follows:... I... During the pendency of Bonds's appeals in related appeal Nos. 27659 and 27833, (1) Addtional Counterclaim Defendants Ronald G.S. Au, Ryan G.S. Au, and Natalie...  

Defendant-Appellant Christopher McCormack (McCormack) appeals from the Judgment entered on February 11, 2009 by the Family Court of the First Circuit (family court).1... McCormack was convicted of Harassment, in violation of Hawaii Revised Statutes (HRS) § 711-1106 (Supp. 2008)... On appeal, McCormack contends (1) there was insufficient evidence to convict him of Harassment because Plaintiff-Appellee State of Hawai'i (State) failed to prove that McCormack shoved, kicked, or otherwise...  

Upon review of the record for this case, it appears that we lack jurisdiction over the appeal that Plaintiffs/ Counterclaim-Defendants/Appellants Robert G. Lewis, Sr., and Christina K. Kapono, as Guardian Prochie in Ami for Jayna Hauoli Kapono have asserted from Honorable Victoria S. Marks' September 15, 2009 "Order Granting Defendant/Counterclaimant A. Tagami, Inc.'s Motion for Partial Dismissal of Third Amended Complaint Filed May 2, 2006, or, in the Alternative, for Partial Summary...  

Defendant-Appellant Timothy A. Walsh (Walsh) appeals from the March 31, 2009 Judgment, entered in the Circuit Court of the Second Circuit (circuit court),1 finding him guilty of Assault in the Second Degree in violation of Hawaii Revised Statutes § 707-711(1) (b) (Supp. 2009), sentencing him to five years of incarceration with a mandatory minimum of one year and eight months, and ordering him to pay restitution of $1,137.10 and a Crime Victim Compensation fee of $105.00... On appeal, Walsh...  

Defendant-Appellant Charles J. Wahlquist (Wahlquist) appeals from the judgment entered on June 24, 2008 in the District Court of the First Circuit, Ewa Division (District Court).1 Wahlquist was convicted of Excessive Speeding in violation of HRS §291C-105(a)(1) and HRS §291C-105(a)(2)... On appeal, Wahlquist contends, inter alia, that the District Court erred in overruling his objection that there was insufficient foundation to admit testimony regarding the laser speed gun reading....  

Defendant-Appellant Timothy A. Walsh (Walsh) appeals from the March 31, 2009 Judgment, entered in the Circuit Court of the Second Circuit (circuit court),1 finding him guilty of Assault in the Second Degree in violation of Hawaii Revised Statutes § 707-711(1) (b) (Supp. 2009), sentencing him to five years of incarceration with a mandatory minimum of one year and eight months, and ordering him to pay restitution of $1,137.10 and a Crime Victim Compensation fee of $105.00... On appeal, Walsh...  

Petitioners' application for writ of certiorari filed on April 14, 2010, is hereby rejected... ---------------... Notes:... ... 1. Considered by: Moon, C.J., Nakayama, Duffy, and Recktenwald, JJ. and Circuit Judge Chan, in place of Acoba, J., recused... ... ---------------...  

Petitioners and Respondents/Plaintiffs-Appellarits/Cross-Appellees' application for writ of certiorari filed on April 16, 2010, and Respondents and Petitioners/Plaintiffs-Cross-Appellants/Cross-Appellees' application for writ of certiorari filed on April 20, 2010, are hereby rejected... ---------------... Notes:... ... 1. Considered by: Moon, C.J., Nakayama, Acoba, and Recktenwald, JJ., and Circuit Judge Kim, for Duffy, J., recused... ... ---------------...  

Petitioner/defendant-appellant John P. Dunbar's application for writ of certiorari, filed April 19, 2010, is hereby rejected... ---------------... Notes:... ... 1. Considered by: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ... ... ---------------...  

The Application for Writ of Certiorari filed on April 20, 2010 by Petitioner/Defendant-Appellant Countrywide Home Loans, Inc. is hereby rejected... ---------------... Notes:... ... 1. Considered by: Moon, C.J., Nakayama, Acoba, Duffy, and Circuit Judge Del Rosario in place of Recktenwald, J., recused... ... ---------------...  

On March 29, 2010, this court accepted petitioner/defendant-appellant Jing Hua Xiao's application for a writ of certiorari to review the Intermediate Court of Appeals' (ICA) December 3, 2009 judgment on appeal, entered pursuant to its November 13, 2009 summary disposition order. Therein, the ICA affirmed the District Court of the First Circuit's1 December 12, 2006 judgment, convicting Xiao of prostitution in violation of Hawai`i Revised Statutes (HRS) § 712-1200(1) (1993 and Supp....  

Defendant-Appellant The Kailuan, Inc. (TKI) appeals from the "Rule 54(b), Hawai'i Rules of Civil Procedure, Final Judgment" filed on April 1, 2008 in the Circuit Court of the First Circuit1 (circuit court)... On appeal, TKI contends... (1) the circuit court improperly granted the request for preliminary injunction filed by Plaintiff-Appellee Castle Family, LLC (Castle);... (2) Conclusions of Law (COLs) 58 and 66 through 68 of the circuit court's February 11; 2008 "Findings of Fact,...